Waterway & Wetland Permits: Contractors

Question 1: My customer is thinking about purchasing waterfront property. How can I learn if I need any permits or to pay fees for the projects I want to do?

Answer: Waterfront property owners -commonly referred to as 'riparian owners' - hold rights in the water next to their property. These riparian rights include the use of the shoreline, reasonable use of the water, and a right to access the water. Wisconsin's Public Trust Doctrine requires the state to protect public rights in the use of navigable waters through permitting requirements for water projects or even through statutes authorizing local zoning ordinances that limit development along navigable waterways.

In most cases the ordinary high water mark, (OHWM) establishes the boundary between the public water and lake bed and with privately owned land. With this in mind, generally speaking, projects that inv love activities below the OHWM require permits or approvals from the DNR. However the department does offer exemptions for some activities if they follow certain standards. The easiest way to find out if your proposed project requires a permit from the state is to visit our Activity Index and look up the type or project you are interested in undertaking.

There are few activities conducted above the OHWM that require state permits (see Activity Atlas: Grading and Wetlands) but for the most part approvals for projects done above the OHWM will be dictated by local ordinances that may predicate your need for a permit from your village, city, or county. Please contact your county or municipal zoning office for more information.

Question 2: My client would like me to build a home on their lake property. What permits do I need?

Answer: To build a new home on your lake property . Any earth moving (see Activity Atlas: Grading) on the bank of the lake may require state approval. Please visit our grading page to find out. Once you have prepped the site for building construction the role of DNR is diminished. Any future work done on your property as part of constructing the home itself falls under the purview of the Department of Commerce. Please visit their website for more details.

You should also be aware that your county or municipality may regulate vegetation removal and require permits for clearing trees and brush. If wetlands or low swampy areas are located on your property and need to be filled or they cannot be avoided when building your new home, wetland permits may also be needed.

Question 3: My client wants to restore my shoreline and protect it from erosion. Do I need a permit?

Answer: Yes. In some cases repairing or replacing existing shoreline erosion control may not need a permit from the state, but since reasonable shoreline protection requires the placement of material on lake or streambed a permit from the DNR is necessary.

The type and cost of permit depends on what type of water body you live on and where in the state you are located. Please visit our lake shore erosion control pages for specific information on which permit is right for you.

Question 4: I have been contracted by multiple adjacent landowners on the same lake for a project that spans multiple adjacent shorelines, do I need a separate permit for each riparian landowner?

Answer: It depends on the types of permits needed. The riparian owners may qualify and want to do a project that meets the standards needed for a general permit, since those types of permits cost less and are reviewed faster. If this is the case, each riparian landowner would need to submit a separate general permit application, however the site plans associated with the general permit outlining the project can be the same, and when you start doing the work, you can do the work for each of the riparian owners at the same time.

Another option is to apply for one Individual permit on behalf of all the riparian owners. I this case you would submit one application with a statement signed by all the riparian owners that authorize you to submit an application on their behalf.

Question 5: I have a client who just purchased a home on a lake that needs renovation. Do I need a permit or to pay a fee before starting construction?

Answer: The answer to this question depends on exactly what type of renovations you are planning. If you are planning renovations that involve alterations to the inside or outside of your home but do not expand the footprint of the current structure chances are no waterway or wetland permit is needed from the state, however there may be local zoning ordinances that apply and may predicate your need for a permit from your village, city, or county.

Please contact your county or municipal zoning office for more information. However, If you are planning on expanding the footprint of your home that involves moving earth on your property you may need a grading permit from the state. If wetlands are located on your property and they cannot be avoided for the project that you want to do, wetland permits may also be needed. In addition, there may be local ordinances that may predicate your need for a permit from your village, city, or county. Please contact your county or municipal zoning office for more information.